Startups Intellectual Property Protection Scheme

The Startup India Action Plan 2016 envisaged promoting intellectual property registrations amongst startups through the Scheme for Facilitating Startups Intellectual Property Protection. Intellectual property rights are an important asset for startups and it is important to protect such assets with proper registration, as early as possible to boost valuation and provide an early competitive advantage. Following the announcement of the Startup India Action Plan, the Controller General of Patents Designs and Trademarks has released details about the Startup Intellectual Property Protection Scheme as follows:

Objective

The objective of the scheme for Facilitating Startups Intellectual Property Protection is to promote awareness and adoption of Intellectual Property Rights amongst startups. The scheme was designed to help nurture and mentor innovative and emerging technologies and assist them in protecting and commercializing it by providing them with access to intellectual property services and resources.

Startup Eligible for the Scheme

Startups that are certified by the Startup Certification Board as having an innovative business are eligible for the scheme. Click here for more information about Startups Eligible for the Startup India scheme.

Intellectual Property Facilitators

To help startups get advice and services related to intellectual property filing and registration, the scheme provides for empanelment of facilitators by the Controller General of Patent, Trademark and Design. The Facilitator will provide the following intellectual property services to the startup:

Providing general advisory on different intellectual property rights to startups on pro bono basis;
Providing information on protecting and promoting IPRs to startups in other countries on pro bono basis;
Providing assistance in filing and disposal of the IP applications related to patents, trademarks and design under relevant Acts at the national IP offices;
Drafting complete/provisional specifications for inventions of startups;
Preparing and filing responses to examination reports and other queries, notices or letters by the IP office;
Appearing on behalf of the startup at hearings as may be scheduled;
Contesting opposition, if any, by other parties, and
Ensuring final disposal of the IPR application.

Fee For Intellectual Property Facilitators

The professional fee for intellectual property service rendered by empanelled facilitators for any number of patents, trademarks or designs that may be applied for by an eligible startup would be borne by the Government. The startup will only be liable to bear the cost of the statutory fee payable for each patent, trademark or design applied for in India or abroad. The following fee structure is payable to the intellectual property facilitator by the Controller General of Patent, Trademark and Design:

Professional Fee Payable for Patent Registration

Patent application filing: Rs.10,000/- At the time of disposal of patent application without opposition: Rs.10,000/- At the time of disposal of patent application with opposition: Rs.15,000/-

Professional Fee Payable for Trademark Registration

Trademark application filing: Rs.5,000/- At the time of disposal of patent application without opposition: Rs.2,000/- At the time of disposal of patent application with opposition: Rs.5,000/-

Professional Fee Payable for Design Registration

Design application filing: Rs.2,000/- At the time of disposal of patent application without opposition: Rs.2,000/- At the time of disposal of patent application with opposition: Rs.4,000/-

The scheme for Startups Intellectual Property Protection is set to initially run on a pilot basis for a period of one year from the launch of Startup India. Based on the experience, the scheme could be extended further.

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Frequently Asked Questions

Common questions about Startups Intellectual Property Protection Scheme India.

The Startup Intellectual Property Protection Scheme is an initiative by the Government of India to promote awareness and adoption of Intellectual Property Rights (IPRs) among startups in the country. It aims to assist startups in protecting and commercializing their innovative technologies by providing them access to intellectual property services and resources.

Startups that are certified by the Startup Certification Board as having an innovative business model are eligible for the Startup Intellectual Property Protection Scheme. The certification ensures that only genuine and innovative startups can avail the benefits of the scheme.

The Intellectual Property Facilitators empanelled by the Controller General of Patents, Designs and Trademarks provide a range of services to eligible startups, including general advisory on IPRs, assistance in filing and disposal of IP applications, drafting specifications, responding to examination reports, and contesting oppositions, among others.

The professional fee for the intellectual property services rendered by the empanelled facilitators is borne by the Government. The startup is only required to pay the statutory fees for each patent, trademark, or design application filed in India or abroad.

The scheme outlines specific fee structures for patent, trademark, and design registrations. For example, the facilitator is paid Rs. 10,000 for patent application filing and Rs. 10,000 or Rs. 15,000 (with opposition) at the time of disposal.

The scheme is initially set to run on a pilot basis for one year from the launch of the Startup India initiative. Based on the experience and feedback, the scheme may be extended further.

Intellectual property rights are crucial assets for startups as they help protect their innovative ideas, products, or services from being copied or misused. Proper IP registration can boost a startup's valuation and provide a competitive advantage in the market.

Yes, the Intellectual Property Facilitators can provide information and assistance to startups for protecting and promoting their IPRs in other countries on a pro bono basis, as per the scheme's guidelines.

No, the scheme does not specify any limit on the number of patents, trademarks, or designs that an eligible startup can apply for under the Startup Intellectual Property Protection Scheme.

The empanelment of Intellectual Property Facilitators is aimed at providing startups with easy access to professional expertise and services related to intellectual property filings and registrations. These facilitators can guide and assist startups through the entire process of securing their IP rights.